All residential development shall, as part of the final plat process, dedicate land or an equivalent fee-in-lieu of dedication for open space and public use in accordance with the provisions and intent of the parks and open space component of the city's comprehensive plan. The provisions of this article are minimum standards and shall not be construed as prohibiting a developer from the dedication or reservation of land for recreational purposes in addition to that required by this article.

(1)

All plats shall provide for the dedication of parks and open space at locations as designated in the parks and open space component of the city's comprehensive plan. All residential development shall, as part of the final plat process, dedicate land or an equivalent fee-in-lieu dedication for parks and open space for public use. If the parks and open space component of the city's comprehensive plan provides guidance on specific locations, then plats should provide for the dedication of parks and open space at such locations wherever possible.

(2)

Land areas proposed for dedication shall be shown on the plat to allow for a thorough review and determination of the flexibility and usability of the property. Parks and functional common open space, with the exception of trails, shall constitute a block or have at least two (2) sides abutting a street. Prior to approval of a preliminary plat proposing the dedication of parkland or open space, the park board shall review and make a recommendation on the acceptance of the proposed dedication.

(3)

The dedication of land for public use shall be conveyed by the developer in fee absolute title by warranty deed to the city. The land shall be free of liens, special assessments and other encumbrances and shall have all taxes paid to the year of dedication. The location of boundaries of the land shall be marked with permanent monuments in accordance with the provisions in this article.

(4)

The trail system is considered integral to the parks and recreation system. Developments planned for land on which a trail segment is identified in the parks and open space component of the city's comprehensive plan must provide such trail segment. This shall include the dedication of a trail corridor at least thirty (30) feet in width, as well as installation of the trail. Trail segments with a minimum width of ten (10) feet shall be constructed at the time of infrastructure improvement and must be constructed to meet or exceed the design guidelines for multiuse paved or unpaved trail development set forth by the MetroGreen Plan adopted by the Mid-America Regional Council. All developers required to construct a segment of a required trail will be awarded credit against the land dedication requirement. The developer will be awarded credit both for the property acreage dedicated and for the cost of the trail improvement. The cost of the trail improvement shall include construction, permitting, inspection, and other related costs. Trail construction cost credits will be determined by the director of public works through the review of an estimate of trail improvement cost provided by the developer. The awarded credit shall not exceed the dedication required by this section.

(5)

The required amount of parkland and open space for public use shall be based upon a calculation of the anticipated residential population of the development when fully developed in accordance with the following:

a.

The population shall be determined on the basis of two and six-tenths (2.6) persons per dwelling unit; and

b.

The ratio of area-to-person shall be one acre of parkland required per one hundred (100) persons.

(6)

A developer may comply with the provisions of this section to furnish land for recreational use by privately dedicating recreational open space and/or preserving significant natural, cultural, or historic features or landmarks under the following conditions:

a.

The developer must provide an area that meets the minimum standards set forth in this section related to size, suitability, and location.

b.

The developer must provide minimum neighborhood park improvements in a privately dedicated open space tract including, but not limited to:

1.

Family picnic shelter;

2.

Children's playground;

3.

Turfed playfields.

c.

All of the improvements to privately dedicated open space tracts shall be included in the initial infrastructure installation for the final plat of the phase of development which includes the dedicated space. Public access and use shall be granted via a public access and use easement over the entire area. This is required and must be shown on the final plat of the phase of development which includes the dedicated space.

d.

Privately dedicated recreation space shall be maintained by the developer or the lot owners in the subdivision under a legal agreement approved by the city as adequate to ensure its perpetual operation and maintenance.

e.

The parks and recreation board shall recommend credit against the requirements of this section for privately dedicated parkland upon a finding that the dedication would advance the goals of the parks and recreation element of the city's most recent comprehensive plan and/or would preserve a significant natural, cultural or historic feature or landmark. All requests shall be submitted to the parks and recreation department two weeks prior to appearance before the parks and recreation board and shall include the following information:

1.

A site plan showing:

i.

Scale of the drawing and the boundaries, dimensions and orientation of the site to true north;

ii.

Topography at a minimum two-foot contour interval;

iii.

Location and layout of existing physical characteristics (vegetation, natural waterways and drainageways, rock outcroppings, etc.) indicating any significant features to be removed, improved or preserved;

iv.

Location and layout of proposed improvements including landscaping, irrigation system, pathways and trails, play areas and playground equipment, lighting, fencing, structures, etc.;

v.

Ingress, egress and internal circulation for the site; and

vi.

Relationship of the proposed site and proposed improvements to adjoining property.

2.

An itemized list of the proposed improvements including a description, the quantity and estimated per unit cost figure for the individual improvements.

3.

A statement of the methods and/or provision for ownership, maintenance and use of the site and proposed improvements.

4.

Any materials and/or information determined by the parks and recreation department to be necessary or appropriate for parks and recreation board review.

(7)

Payment of fees-in-lieu of the required dedication shall be at a rate per acre as set forth in the fee schedule maintained by the city and on record in the office of the deputy city clerk for required parkland based upon the acreage requirements as calculated by the formula set forth herein. The amount so determined shall be paid prior to the final plat being recorded. If this rate is not acceptable to the applicant, the value per acre shall be determined by an appraiser, agreed upon between the applicant and the city, or, failing such agreement, by a commission consisting of one appraiser appointed by the applicant, one appraiser appointed by the city, and a third appraiser to be appointed by previously appointed appraisers, which decision by a majority shall be controlling. The applicant shall pay reasonable compensation to the appraisers.

(Ord. No. 8804, § I, 4-11-2005; Ord. No. 10253, § I, 8-25-2014)